Ordinance -- Page 7 of 10 <br />(b)Except as exempt under EC 9.6793(2)(c), the standards in EC 9.6793(3) apply to all <br />applications for development permits for development sites in a headwaters area that drain <br />directly into a headwater stream or drain into a pipe that discharges into a headwater stream <br />that are submitted after July 14, 2006. <br /> <br />(cb) The standards in EC 9.6793(3) do not apply to: <br /> <br />1. A land use application that will result in the construction or creation of less than 1,000 <br />square feet of new or replaced impervious surface at full buildout of the development. <br />Construction of less than 1,000 square feet of new or replaced impervious surface <br />within a 12-month period; <br /> <br />2. Replacement of impervious surface area that does not expose more than 1,000 <br />square feet of soil (for purposes of this subsection, “soil” means: the <br />unconsolidated mineral or organic material on the immediate surface of the Earth <br />that serves as a natural medium for the growth of land plants); A development <br />permit application for any of the following: <br /> <br />a. Development of a lot or parcel included in a land use application that was <br />determined by the city to comply with the standards in EC 9.6793(3). For such a <br />development permit, the approved land use plan shall control. <br /> <br />b. Development of a lot or parcel that was not included in a land use application that <br />was determined by the city to comply with the standards in EC 9.6793(3) and: <br /> <br />(1) Will result in less than 1,000 square feet of new or replaced impervious <br />surface within a 12 month period; or <br /> <br />(2) Is to construct or alter a single-unit dwelling or duplex; or <br /> <br />(3) Is for the replacement of more than 1,000 square feet of impervious surface <br />for purposes of maintenance or repair for the continuance of the current <br />function, providing that as part of such maintenance and repair the applicant is <br />replacing less than 50% of the length of the stormwater drainage system <br />(including pipes, drainageway catch basins and drywells) on the development <br />site. <br /> <br />3. Maintenance and/or repair activities taken on an existing structure, facility or <br />other impervious surface to prevent its decline, lapse or cessation in use; or <br /> <br />4. Construction of a new or replaced impervious surface that will be served by an <br />existing City approved stormwater flow control facility that was designed and <br />sized to manage stormwater runoff from the proposed impervious surface. <br /> <br />3.5. Development sites within a drainage basin for which the city has constructed or <br />approved a project to restore the receiving waterway, and the entire downstream system <br />has been designed to accommodate full build-out conditions within the drainage basin. <br />Attachment A <br />January 27, 2025 Work Session – Item 2 CC Agenda Page 11